General Terms and Conditions
General Terms and Conditions
1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Contract Conclusion
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Customer Account
9. Warranty for Defects and Guarantees
10. Liability
11. Storage of Contract Text
12. Final Provisions
1. Scope of Application
1.1. The business relationship between ZRK - Zentrum für Risiko- & Krisenmanagement (hereinafter "Seller") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. Deviating terms and conditions of the Customer shall not be recognised unless ZRK expressly agrees to their validity.
2. Offers and Service Descriptions
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogues and on ZRK websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise indicated for the products. Errors and omissions excepted.
3. Ordering Process and Contract Conclusion
3.1. The Customer may select products from the ZRK range without obligation and collect them in a so-called shopping basket using the [Add to basket] button. Within the shopping basket, the product selection can be changed, e.g. deleted. The Customer can then proceed to complete the ordering process within the shopping basket by clicking the [Proceed to checkout] button.
3.2. By clicking the [Order with obligation to pay] button, the Customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the Customer can change and view the data at any time and use the browser "back" function to return to the shopping basket or cancel the ordering process entirely. Required fields are marked with an asterisk (*).
3.3. ZRK will then send the Customer an automatic confirmation of receipt by email, in which the Customer's order is listed again and which the Customer can print using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is only concluded when ZRK dispatches or hands over the ordered product to the Customer within 2 days, or confirms dispatch to the Customer within 2 days by means of a second email, express order confirmation or sending of the invoice. Acceptance may also be effected by a request for payment addressed by ZRK to the Customer and at the latest by completion of the payment process. In the case of multiple acceptance events, the earliest point of acceptance shall be decisive. If ZRK does not accept the Customer's offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by their offer.
3.4 In the case of Customers who are entrepreneurs, the aforementioned period for dispatch, handover or order confirmation shall be seven days instead of two days.
3.5. Should ZRK enable payment in advance, the contract is concluded upon provision of bank details and request for payment. If, despite being due, payment has not been received by the Seller within 10 calendar days of dispatch of the order confirmation, even after a renewed request, ZRK shall withdraw from the contract, with the consequence that the order is void and the Seller has no delivery obligation. The order is then concluded for the buyer and Seller without further consequences. Reservation of the item in the case of advance payments is therefore made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices quoted on the ZRK website include the applicable statutory value added tax.
4.2. In addition to the prices quoted, ZRK charges shipping costs for delivery. The shipping costs shall be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. Where payment in advance has been agreed, delivery shall be made upon receipt of the invoice amount.
5.2. Should delivery of the goods fail due to the fault of the buyer despite three delivery attempts, ZRK may withdraw from the contract. Any payments already made shall be refunded to the Customer without delay.
5.3. If the ordered product is not available because ZRK is not supplied with this product by its supplier through no fault of its own, ZRK may withdraw from the contract. In this case, ZRK shall inform the Customer without delay and, where applicable, propose delivery of a comparable product. If no comparable product is available or if the Customer does not wish to receive delivery of a comparable product, ZRK shall refund any consideration already rendered by the Customer without delay.
5.4. Customers shall be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are businesses, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as ZRK has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment; the stated delivery dates and deadlines are, subject to other assurances and agreements, not fixed dates.
5.6 ZRK shall not be liable to customers who are businesses for delivery and performance delays due to force majeure and due to unforeseeable events that substantially impede or render impossible delivery by the seller, even in the case of bindingly agreed deadlines and dates. In such cases, ZRK shall be entitled to postpone the delivery or performance by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are businesses in cases of unforeseeable events affecting the operations of a supplier, for which neither the supplier nor the seller is responsible. During the period of such impediment, the customer shall likewise be released from their contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after setting a reasonable deadline or after mutual consultation with the seller.
6. Payment Terms
6.1. The customer may choose from the available payment methods within and before completing the ordering process. Customers shall be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are engaged for payment processing, e.g. PayPal, their General Terms and Conditions shall apply.
6.4. If the due date for payment is determined by the calendar, the customer shall be in default simply by missing the deadline. In this case, the customer shall pay statutory default interest.
6.5. The customer's obligation to pay default interest shall not preclude the seller from claiming further damages for default.
6.6. The customer shall only be entitled to set-off if their counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
7. Retention of Title
Until payment in full, the delivered goods shall remain the property of ZRK.
For customers who are businesses, the following shall additionally apply: ZRK reserves ownership of the goods until full settlement of all claims arising from an ongoing business relationship; the buyer is obliged to treat the purchased item with care as long as ownership has not yet passed to them. In particular, they are obliged, where appropriate or customary in the industry, to insure the item adequately at replacement value against theft, fire and water damage at their own expense. If maintenance and inspection work must be carried out, the buyer shall carry this out at their own expense in a timely manner. Processing or transformation of the reserved goods by the customer shall always be carried out on behalf of the seller. If the reserved goods are processed with other items not belonging to the seller, ZRK shall acquire co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same shall apply to the item resulting from processing as applies to the reserved goods. The customer shall also assign, as security for claims against them, any claims arising against a third party through the connection of the reserved goods with a property. Any third-party access to goods owned or co-owned by ZRK must be reported immediately by the customer. Costs arising from such interference for third-party objection proceedings or costs for out-of-court release shall be borne by the customer. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns in full to the seller, by way of security, any claims arising from resale or other legal grounds relating to the reserved goods (including all balance claims from current accounts). ZRK revocably authorises the customer to collect the claims assigned to the seller for their account and in their own name. This collection authorisation may be revoked if the customer fails to properly meet their payment obligations. ZRK undertakes to release the securities due to the seller at the customer's request insofar as their total sale value exceeds the sum of all outstanding claims of ZRK from the business relationship by more than 10% (by more than 50% where there is a realisation risk). The selection of securities to be released shall be at the seller's discretion. Upon settlement of all claims of ZRK from delivery transactions, ownership of the reserved goods and the assigned claims shall pass to the buyer. The selection of securities to be released shall be at the seller's discretion.
8. Customer Account
8.1 ZRK provides customers with a customer account. Within the customer account, customers are provided with information about their orders and their customer data stored with the seller. The information stored in the customer account is not publicly accessible.
8.2. Select alternative: To place an order, customers must create a customer account. Guest orders are not possible. / Customers may also place an order as a guest without having to create a customer account.
8.3. Customers are obliged to provide truthful information in the customer account and to update the information to reflect changes in actual circumstances where necessary (e.g. a changed email address in the event of a change or a changed postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
8.4. The customer account may only be used in accordance with applicable statutory provisions, in particular regulations for the protection of third-party rights, and in accordance with ZRK's Terms and Conditions, using the access interfaces and other technical access options provided by the seller. Any other form of use, in particular through external software such as bots or crawlers, is prohibited.
8.5. Where customers store, provide or otherwise post content or information (hereinafter referred to as "Content") within the customer account, customers are responsible for this information. ZRK does not adopt customers' Content as its own. However, ZRK reserves the right to take appropriate measures depending on the degree of risk of legal infringement posed by the Content, in particular the risk to third parties. Measures that take into account the criteria of necessity, proportionality, due care, objectivity, reasonableness and the interests of all parties involved, in particular the fundamental rights of customers, may include (partial) deletion of Content, requests for action and declarations, warnings and formal notices, as well as exclusion from premises.
8.6. Customers may terminate the customer account at any time. ZRK may terminate the customer account at any time with reasonable notice, which is generally two weeks. Termination must be reasonable for the customer. ZRK reserves the right to terminate for extraordinary reasons.
8.7. From the time of termination, the customer account and the information stored in the customer account will no longer be available to the customer. It is the customer's responsibility to back up their data upon termination of the customer account.
9. Warranty for Defects and Guarantees
9.1. Warranty (liability for defects) is governed by statutory provisions, subject to the following provisions.
9.2. A guarantee for goods delivered by the seller only exists if expressly provided. Customers are informed of the guarantee conditions before initiating the ordering process.
9.3 If the customer is a business customer, they must inspect the goods immediately, notwithstanding statutory obligations to give notice of defects, and must notify the supplier in writing of any apparent defects immediately, but no later than two weeks after delivery, and of any non-apparent defects immediately, but no later than two weeks after discovery. Customary deviations permitted under quality standards or minor deviations in quality, weight, size, thickness, width, finish, pattern and colour do not constitute defects.
9.4 If the customer is a business customer, the choice between repair or replacement of defective goods is made by the seller.
9.5 Notwithstanding the liability provisions of these Terms and Conditions, claims for defects by customers who are business customers shall generally become time-barred one year after the transfer of risk, unless longer periods are mandatorily prescribed by law, in particular under special provisions for recourse by business customers. For used goods, warranty is excluded for customers who are business customers.
9.6 If the customer, being a business customer, has installed the defective item in another item or attached it to another item in accordance with its type and intended use within the meaning of Section 439(3) of the German Civil Code (BGB), ZRK is not obliged, subject to express agreement and notwithstanding other warranty obligations, to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item as part of supplementary performance. Accordingly, ZRK is also not obliged to reimburse expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item in the context of recourse by the customer within the supply chain (i.e. between the customer and their customers).
10. Liability
10.1. The following exclusions and limitations of liability apply to ZRK's liability for damages, notwithstanding other statutory requirements for claims.
10.2. ZRK shall be liable without limitation where the cause of damage is based on intent or gross negligence.
10.3. Furthermore, ZRK shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, ZRK shall only be liable for foreseeable damage typical of the contract. ZRK shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
10.4. The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect following the assumption of a guarantee for the quality of the product, or in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as ZRK's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
11. Storage of the Contract Text
11.1. The customer may print the contract text before submitting the order to the seller by using the print function of their browser in the final step of the order process.
11.2. ZRK shall also send the customer an order confirmation with all order details to the email address provided by them. With the order confirmation, or at the latest upon delivery of the goods, the customer shall also receive a copy of the General Terms and Conditions together with the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text but do not make it accessible on the internet.
11.3 Customers who are entrepreneurs may receive the contract documents by email, in writing, or by reference to an online source.
12. Final Provisions
12.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance shall be the registered office of ZRK, whilst the place of jurisdiction shall be at the registered office of ZRK if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general place of jurisdiction in the country where ZRK is domiciled. ZRK reserves the right to choose another permissible place of jurisdiction.
12.2 In the case of entrepreneurs, the law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided this does not conflict with mandatory statutory provisions.
12.3. The contract language is German.
12.4. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
